Legal Opinion

Frey v. Jefferson Homebuilders, Inc.

Supreme Court of Virginia

Decided March 1, 1996No. Record 950949PublishedCited by 14 opinions

1Opinion of the Court

SENIOR JUSTICE WHITING

delivered the opinion of the Court.

In this appeal, the primary issue is whether a statutory extension of the time for serving process applies to Rule 3:3. As pertinent, Rule 3:3 provides:

No judgment shall be entered against a defendant who was served with process more than one year after the com*377mencement of the action against him unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on him.*

Alleging a breach of contract, Michael B. Frey and Patricia A. Frey, his wife, filed a motion for judgment against Jefferson Homebuilders,…

2Cases cited3 opinions

  1. Gilbreath v. BrewsterSupreme Court of Virginia · 1995
  2. Fairfax Hospital System, Inc. v. NevittSupreme Court of Virginia · 1995
  3. Dominion Trust Co. v. Kenbridge Construction Co.Supreme Court of Virginia · 1994

3Cited by14 opinions

  1. Boynton v. KilgoreSupreme Court of Virginia · 2006
  2. Tvardek v. Powhatan Vill. Homeowners Ass'n, Inc.Supreme Court of Virginia · 2016
  3. Fredericksburg Construction Co. v. J.W. Wyne Excavating, Inc.Supreme Court of Virginia · 2000
  4. Waterman v. HalversonSupreme Court of Virginia · 2001
  5. Richmond Medical Center for Women v. GilmoreDistrict Court, E.D. Virginia · 1999

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API